New South Wales Consolidated Acts

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RETIREMENT VILLAGES ACT 1999 - SECT 75

Attendance at meetings of residents

75 Attendance at meetings of residents

(1) A resident of a retirement village is not obliged to attend, or vote at, any meeting of the residents of the village.
(2) A person (other than a duly-appointed proxy of a resident) who is not a resident of the village (including a person who occupies residential premises in the village otherwise than under a residence right) must not attend, or remain at, a meeting of the residents unless the residents at the meeting consent to the person's presence at the meeting.
(2A) Subsection (2) does not apply to the operator of a retirement village, or a person representing the operator of a retirement village, during the annual management meeting of the retirement village.
(2B) The operator or operator's representative must not be present at a meeting of residents during the casting of any vote that is to be taken by the residents at the meeting, but may return to the meeting after the vote has been cast.
(3) Despite subsection (2), a person has a right to attend a meeting of the residents of a retirement village and to vote at the meeting on behalf of a resident of the village if the person--
(a) is authorised to do so under a power of attorney given in favour of the person by the resident concerned, or
(b) is a person appointed, under the Guardianship Act 1987 or the NSW Trustee and Guardian Act 2009 , to manage the estate of the resident (or, if the management of the resident's estate is committed to the NSW Trustee and Guardian, the person is the NSW Trustee and Guardian or a person authorised by the NSW Trustee and Guardian for the purposes of this section).
(4) The operator of the retirement village must not prevent or hinder the attendance of an investigator at a meeting of the residents if the residents at the meeting consent to the investigator's presence at the meeting.
: Maximum penalty--50 penalty units.



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